The purpose of this chapter is to regulate the outdoor application
of fertilizer products so as to reduce the overall amount of excess
nutrients from fertilizers entering waterways, thereby helping to
protect and improve surface water and groundwater quality. This chapter
is further intended to establish a procedure to educate the public
and landscapers on the proper application of fertilizers.

A fertilizer material, mixed fertilizer or any other substance
containing one or more recognized plant nutrients, which is used for
its plant nutrient content, and that is designed for use or claimed
to have value in promoting plant growth, and which is sold, offered
for sale or intended for sale.

A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
This term shall include any highway, street, sidewalk, parking lot,
driveway or other location that prevents infiltration of water into
the soil.

Any fertilizer that contains phosphorous, expressed as P2O5, with a guaranteed analysis
of greater than zero, except that it shall not be considered to include
animal or vegetable manures, agricultural liming materials or wood
ashes that have not been amended to increase their nutrient content.
The phosphorous percentage in a fertilizer product is included on
the packaging, which contains three numbers (e.g., "26-0-3"), with
the phosphorous percentage as the middle number. A zero in the middle
means no phosphorous, while a "2" or a "3" means low phosphorous.

The application of fertilizer to an impervious surface. Fertilizer
inadvertently applied to an impervious surface must be immediately
swept or blown back into the target surface or returned to its original
container or another appropriate container for reuse or disposal.

The deposit of grass clippings, leaves or other vegetative debris
into water bodies, retention or detention areas, drainage ditches
or stormwater drains, or onto impervious surfaces, except during scheduled
cleanup programs.

The application of any phosphorous fertilizer, except as demonstrated
by a need for specific soils in accordance with a soil test and the
associated annual fertilizer recommendation issued by the Rutgers
Cooperative Research and Extension.

The application of fertilizer on commercial farms, although commercial
farmers are expected to implement best management practices in accordance
with conservation management plans or resource conservation plans
developed for the farm by the Natural Resource Conservation Service
and approved by the Soil Conservation District Board.

Establishing vegetation for the first time, such as after land disturbance,
provided that the application is in accordance with the requirements
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq., and implementing rules; or

The application of fertilizer products on a golf course, a park or
recreation area, when implemented in accordance with the terms of
a turf management program that has been submitted to and approved
by the Township, which shall be required on an annual basis, and which
shall include the application of fertilizer on the property by a landscape
professional.

The Township recommends that grass clippings remain on lawns wherever
possible to promote water conservation. In those instances where leaving
grass clippings on lawns is impractical, all excess grass clippings
should be removed within eight hours of mowing due to high phosphorous,
nitrate and nutrient content in grass clippings that will act as a
fertilizer if permitted to enter waterways. All grass clippings and
organic material shall be removed from impervious surfaces.

Soil testing should be conducted once every three years to determine
which nutrients, if any, are necessary before any fertilizers are
applied. The County of Ocean provides soil testing services at no
charge or a minimal charge.

All landscape professionals who apply fertilizer to property in the
Township shall be required to complete an educational course that
is offered by Stafford Township, Department of Public Works, on the
proper application of fertilizer, by January 1, 2011. The course shall
be offered on a regular basis as established by the Department of
Public Works, but not less than once per month, at a cost of $20 for
each landscape professional. The course shall take approximately one
hour to complete. Members of the public shall also be permitted to
attend any course session free of charge. The Department of Public
Works shall publicly post a schedule of course sessions, including
times and dates.

A landscape professional with more than one employee may designate
a person to serve as the business's "certified fertilizer applicator,"
which person shall complete the Fertilizer Education Course. Any employee
of a landscape professional who applies fertilizer must work under
the direct supervision of a certified fertilizer applicator, who shall
be responsible for the compliance of the landscape professional and
its employees with the provisions of this chapter.

Upon completion, each landscape professional who attends and completes
the Fertilizer Education Course shall be provided with a certificate
of completion and a sticker to be placed upon vehicles used by the
landscape professional to document the successful completion of the
course.

Any person found to be in violation of any provision of this chapter
shall be issued a written warning by the Code Enforcement Officer.
After the issuance of three written warnings to an applicator, the
Code Enforcement Officer shall issue a summons, which shall subject
the violator to a fine not to exceed $100.

Any landscape professional who fails to successfully complete the Fertilizer Education Course as set forth in § 105-6 herein by January 1, 2011, shall not be permitted to apply fertilizer to properties in Stafford Township. Any violation of the terms of this chapter shall subject a landscape professional to a fine not to exceed $1,000.